Neutral Citation No. - 2025:AHC:14108 Court No. - 77 Case :- APPLICATION U/S 482 No. - 35035 of 2024 Applicant :- Dharmendra Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Ratn Kumar Sinha Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ravi Ratn Kumar Sinha, learned counsel for the applicant and Sri Raj Bahadur Verma, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 1381 of 2010 (State Vs. Dharmendra Kumar) under Sections- 7/16 of P.F.A. Act, Police Station- Mariyahu, District- Jaunpur, pending in the court of Additional Chief Judicial Magistrate- Ist, Court No. 12, Jaunpur. 3. Contention of learned counsel for the applicant is that a sample of mustard oil was collected from the shop of the applicant on 06.03.2010. Thereafter, on the basis of report of Food Analyst, F.I.R. was registered on 08.03.2010 against the applicant u/s 272 I.P.C. Thereafter, applicant also remained in jail for about 7 months in that case. It is further submitted that apart from lodging the F.I.R., a complaint u/s 7/16 of Prevention of Food Adulteration Act was also filed against the applicant which is still pending for more than 14 years. It is further submitted that the applicant cannot be punished for one offence in two different cases which is in violation of Section 300 Cr.P.C. as well as Article 20 of the Constitution of India. 4. Per contra, learned A.G.A. submitted that the impugned complaint was filed in the year 2010 at the time of lodging the F.I.R. against the applicant and the applicant has approached this Court after almost 15 years and therefore, he is not entitled to any relief. 5. Considering the aforesaid submissions and taking into account that the applicant has already remained in jail for 7 months in pursuance of the F.I.R. dated 08.03.2010 in Case Crime No. 792 of 2010 u/s 272 I.P.C. on the basis of adulterated sample of mustard oil and impugned proceeding is also based on the same cause of action. The Hon'ble Apex Court in the case of Ram Nath Singh Vs. State of U.P., (2024) SCC Online SC 177 has observed that in the case of offence u/s Prevention of Food Adulteration Act, a person cannot be prosecuted and punished under the provision of I.P.C. for the same cause of action. 6. As the proceeding under I.P.C. arising out of Case Crime No. 792 of 2010 has already been stayed by this Court, therefore, it would be appropriate to direct the court below to decide the proceeding of Case No. 1381 of 2010. 7. In view of the above, the court below is directed to conclude the proceeding of Case No. 1381 of 2010, State Vs. Dharmendra Kumar u/s 7/16 of P.F.A. Act pending in the court of Additional Chief Judicial Magistrate- Ist, Court No. 12, Jaunpur expeditiously preferably within a period of six months from the date of receiving of copy of this order with further direction to the court below to consider the fact after verification of the record regarding incarceration of the applicant for the period of 7 months at the time of passing final judgement. 8. With the aforesaid direction, the application is disposed of. Order Date :- 27.1.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad